CLAT 2008 Question Paper with answer key for online practice
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Question : 177 of 190
Marks:
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Principles:
1) If a person commits an act by which death is caused to another person and the act is done with the intention of causing death, that person is liable for murder.
2) A person has a right of self defense to the extent of causing death to another provided he apprehends death by the act of the latter.
Facts:Shuva went to a hardware shop owned by Anup. Bargaining on some item led to altercation between the two and Shuva picked up a sharp object and hit at Anup. When Anup started bleeding, his wife Mridula intervened and she was also hit by Shuva and she became unconscious.
Finding himself totally cornered, Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly.
Possible decisions:
a) Anup murdered Shuva.
b) Anup killed Shuva with the intention of killing to save himself and his wife.
C) Anup killed Shuva without any intention to do so just to save himself and his wife.
Probable reasons for the decision :
i) If a person kills another i stantly on the spot, the intention to kill is obvious.
ii) Anup used force apprehending death of himself and his wife.
iii) Anup used disproportionate force.
iv) There was nothing to show that Shuva wanted to kill Anup or his wife.Your decision with the reason:
1) If a person commits an act by which death is caused to another person and the act is done with the intention of causing death, that person is liable for murder.
2) A person has a right of self defense to the extent of causing death to another provided he apprehends death by the act of the latter.
Facts:Shuva went to a hardware shop owned by Anup. Bargaining on some item led to altercation between the two and Shuva picked up a sharp object and hit at Anup. When Anup started bleeding, his wife Mridula intervened and she was also hit by Shuva and she became unconscious.
Finding himself totally cornered, Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly.
Possible decisions:
a) Anup murdered Shuva.
b) Anup killed Shuva with the intention of killing to save himself and his wife.
C) Anup killed Shuva without any intention to do so just to save himself and his wife.
Probable reasons for the decision :
i) If a person kills another i stantly on the spot, the intention to kill is obvious.
ii) Anup used force apprehending death of himself and his wife.
iii) Anup used disproportionate force.
iv) There was nothing to show that Shuva wanted to kill Anup or his wife.Your decision with the reason:
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